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Category Archives: 2500 Professional Board Hearings

Teaching License Preserved (with Drug Test & Probation) – Arizona State Board of Education Hearing – AZ Board of Education v. Mr. F (DMC No. 12888) (Board of Education Case No. C-2013-037):  Police had responded to Mr. F’s neighborhood regarding reports of gunshots fired.  They made contact with various residents, and spoke with Mr. F and his girlfriend. Although there was no knowledge of the gunshots, or issues between them, the Police smelled an odor of marijuana. They subsequently entered Mr. F’s residence and questioned him and his girlfriend.

In plain sight was some marijuana and a bong. Neither of the occupants had a Medical Marijuana Card, and both were subsequently arrested.  The Arizona Board of Education became involved and a Hearing was held in front of the Professional Practices Advisory Committee (“PPAC”).  This occurred because Mr. F was employed by an elementary school in the Phoenix area. Although Mr. F was facing potential Felony charges, we were able to convince the Advisory Council that Mr. F should not permanently lose his teaching certification.

The Advisory Council agreed to allow him to be employed at a non-teaching desk job for 1 year while undergoing monthly drug tests.  His teaching certification would be restored in full upon successful completion of those requirements.  Mr. F successfully completed all requirements and went back to teaching full time.  He is currently at work is very well liked and successful teacher.

State v. Mr. K (DMC No. 12674) – Felony Sexual Assault – Not Charged & Nursing License Preserved– Chandler Police Department Investigated (DR No. X1-X1-XXX4).

Mr. K was a Registered Nurse working at Chandler Regional Hospital who was treating a patient and was in charge of inserting a catheter. At some point during the patient’s stay, the 63 year old woman indicated she was uncomfortable with Mr. K as her nurse. A different nurse was assigned, and then she eventually checked out of the hospital. When she checked out she stated that Mr. K was “an excellent nurse who took good care of her”. Approximately two days later, she reported that he had Sexually Assaulted her while he was inserting the catheter.

When contacted by the Police and the Hospital, she stated that Mr. K was “violently shaking and that there was something clearly wrong with him”, and “he was constantly masturbating underneath his scrubs”. We then became involved in the case and provided the remainder of the accuser’s medical records to the Police Officer. It showed that when she checked into the Hospital, she was suffering from an “anxiety disorder” and “early onset dementia”. We also appeared with Mr. K at the Chandler Police Station in order to provide a statement. Ultimately, we represented Mr. K with the Hospital and all allegations were “Unsubstantiated”. We then provided all of this information to the Nursing Board, and Mr. K was allowed to keep his Nursing License. The case was never routed to the County Attorney’s Office, and No Charges were ever brought against Mr. K. He is successfully treating patients to this day.

State v. Mr. Z (DMC No. 13839) – (5 Counts) Felony Sexual Misconduct with Patient & (2 Counts) Attempted Sexual Misconduct with Patient – Reduced to Class 6 Open/Misdemeanor with Probation and Zero Days in Jail – Maricopa County Superior Court (Case No. CR2015-005788).

Mr. Z. was employed by Terros as an Independent Licensed Counselor. He was treating a young lady who was a convicted felon. Her treatment was for alcoholism, addiction to pills, meth, and heroin. She also suffered from depression. Somewhere during the course of their counseling sessions, a sexual relationship developed. She eventually became married and then sought out a civil attorney and attempted to secretly tape Mr. Z in order to get admissions. She reported the conduct to the Arizona Board of Behavioral Health Examiners, and their Investigator interviewed Mr. Z.

Mr. Z. stated that he had colon cancer and could not achieve an erection. However, he did admit to developing a relationship which included oral sex and digital penetration. He was unaware that this was a violation of the law, as he thought it was only an ethical violation. He was subsequently charged with Sexual Misconduct with a Patient per ARS 13-1418(B).

We became involved in the case and we began defending the criminal allegations. We also entered into a Consent Decree with the Arizona Board of Behavioral Health Examiners which included a revocation of Mr. Z’s license. We presented Mitigation to the prosecutor regarding the fact that his patient was an adult and they had a consensual relationship. It now appeared that she was trying to make it sound as if their relationship was nonconsensual in order to file a civil lawsuit. The Prosecutor agreed that the only violations were under ARS 13-1418(B), and an offer to a Class 6 Open/Misdemeanor plea was made. At Sentencing the judge imposed Probation with Zero Days in Jail. The judge also set a hearing for a year later to determine whether there would be Sex Offender Terms and whether the case could be designated as a Misdemeanor at that time. Originally, Mr. Z. was facing more than 11 years in prison if he were to be convicted on all charges and sentenced to the maximum.

State v. Mr. K. (DMC No. 13080 and DMC No. 11324) – Felony Medicare Insurance/Benefits Fraud ($1,500 Misappropriated from Medicare), Felony Fraudulent Schemes and Felony Forgery – Not Charged and Physical Therapy License Not Revoked at Professional Hearing – Arizona Board of Physical Therapy Investigated.

Mr. K worked as an independent homecare contractor regarding services for physical therapy. Mr. K allegedly billed Medicare for 15 home visits on a client in which he only did 7 visits. He was accused of signing the patient’s name on the visit confirmation slips for all 15 visits. He was eventually contacted by the Arizona Board of Physical Therapy regarding allegations of Medicare Insurance Fraud, Fraud Schemes, and Forgery.

We became involved when we represented Mr. K in front of the Arizona Board of Physical Therapy. Discrepancies in the record were clarified and Medicare was made whole. In the end, Mr. K was not charged with any criminal charges and he was allowed to keep his physical therapy license.

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